Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2022
CASE NO(S).: OLT-22-002424
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Timbertrin (Guildwood) GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: Reference Number ZBA to permit 4 mixed-use buildings 21 138377 ESC 24 OZ
Property Address/Description: 4121 Kingston Road
Municipality/UT: Toronto/Toronto
OLT Case No.: OLT-22-002424
OLT Lead Case No.: OLT-22-002424
OLT Case Name: Timbertrin (Guildwood) GP Inc. v. Toronto (City)
Heard: June 13, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Timbertrin (Guildwood) GP Inc.
Rodney Gill (David Bronskill in absentia)
City of Toronto
Mark Crawford
Metrolinx
Christie E. Gibson and Emily DiBratto (student-at-law) (Signe Leisk in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JUNE 13, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in relation to an appeal brought pursuant to s. 34(11) of the Planning Act (“Act”) by Timbertrin (Guildwood) GP Inc. (“Appellant”) against the failure of the City of Toronto (“City”) to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment (“ZBLA”) in relation to the property at 4121 Kingston Road (“subject property/site”). The Appellant’s development proposal contemplates the construction of four mid-rise mixed-use buildings on the site, which is located immediately adjacent to higher order transit (Guildwood GO Transit/VIA Rail station).
2The Tribunal received an Affidavit of Service confirming that Notice of this CMC was properly given and marked same as Exhibit 1. The Tribunal also received a written request for Party status from Metrolinx, the owner and lessor of the land associated with the Guildwood GO Station at 4105 Kingston Road, which is adjacent to the subject property. The Tribunal granted this request as Metrolinx has a direct interest in the appeal and the Parties consented to the addition of Metrolinx as a Party. No other requests for Party or Participant status were received and accordingly, the appeal will proceed only with the involvement of the Appellant, the City and Metrolinx.
3The Tribunal canvassed the Parties with respect to opportunities for settlement. While the Parties are optimistic that settlement can be achieved and advised that they may elect to pursue mediation, they indicated they would not be in a position to do so until the fall of 2022. The Parties were reminded that they may write to the Case Co-ordinator should they wish to avail themselves of Tribunal-assisted mediation.
4Although the Parties requested the Tribunal schedule a 10-day hearing, they had not yet finalized an Issues List (“IL”). In the absence of an agreed upon IL, the Tribunal declined to schedule a hearing and instead scheduled a Telephone Case Conference (“TCC”) on Friday, July 29, 2022 at 9 a.m., directing the Parties to submit a draft PO and IL in advance.
5Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
6The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
ORDER
7The Tribunal orders:
a. Metrolinx is a party in this proceeding;
b. a TCC is scheduled for Friday, July 29, 2022 at 9 a.m.;
c. the Parties shall submit a draft Procedural Order and Issues List in advance of the TCC; and
d. this Member will remain seized only for the purpose of presiding over the TCC on July 29, 2022.
“S. Braun”
S. Braun MEMBER
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.